Section 40(1)(c) in The Stamp Act, 1977 (1920 A. D.)
(c)if he is of opinion that such instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty equal to two per cent of the deficient portion or the stamp duty for every month or part thereof from the date of execution of the instrument, minimum being rupees one hundred.